Intellectual Property: Patents, Trademarks, and Copyrights

Before submitting an application for a trademark, you should perform a trademark search in the Trademark Search database at the USPTO. Such a search helps you to verify that the mark has not been federally registered with another party for the same goods or services. There are no refunds for applications that are declined for registration. Below are the 8 steps of the TEAS Tutorial page from the USPTO to apply for a federally registered trademark. The acronym TEAS stands for the Trademark Electronic Application System.  

1. Select your trademark and goods/services
   • Use the ID Manual to identify goods/services
2. Search the USPTO database
   • Use Trademark Search to determine whether a confusingly similar mark is already registered.  For more, see the Trademark Searching section of this guide.
3. Check status to avoid potential conflicts
   • Based on search results, check the status of any potentially conflicting application or registration through the TSDR (Trademark Status and Document Retrieval) System.
4. Create JPG image (for stylized wording or design marks only)
   • If you are filing based on actual use in commerce, create a JPG or PDF image file of the specimen in use, such as a tag or label for goods or an advertisement.
   • The USPTO provides information about image drawings of your mark for further details.
5. Review application fees
   • TEAS Application Filing Options - This site covers TEAS Plus, TEAS RF (Reduced Fee), and TEAS Regular. View the different fees for each application as well as for requirements.
6. Filing the application online
   • TEAS main site - This is the online home location to file your application.
   • TEAS Nuts and Bolts Videos -This video tutorial provides details about each page of the TEAS application form.
7. Completing the application
8. Track application status
   • Follow the status of the prosecution of the application through the Trademark Status and Document Retrieval Document (TSDR) system.

1. Select which international class(es) to assign your mark. It is possible to apply for more than one class per mark to broaden the scope of a marks protection.

2. Decide how many marks to register. In some cases, you could have a separate business and product name used as marks. In addition, the same name, phrase, or slogan could use a unique type font. When money is no object, register both separately. However, when funds are tight, select one or the other. Most trademark experts (such as Stephen Fishman, author of Trademark: Legal care for Your Business& Product Name, Nolo, 2022) suggest registering the unadorned name. In that case, it provides the flexibility to use the name in multiple future configurations when your font is updated. 

3. Determine registration choice(s) for name marks combined with graphic designs. You could register the name and graphic as separate registration(s), and/or as one combined name and graphic image. If funds are no problem, separate registrations are best. You might need to update your graphic in the future.